Bayer Statement on the Eleventh Circuit Court of Appeals Decision in Carson

Bayer today issued the following statement on the Eleventh Circuit Court of Appeals decision in Carson: 

“The company is pleased with the en banc Eleventh Circuit Court of Appeals decision finding that the three-judge panel’s analysis of FIFRA’s express preemption provision was incorrect in this case. The full 11th Circuit remanded the case back to the three-judge panel for further review. The company believes that state-based failure-to-warn claims ‘in addition to or different from’ EPA’s science-based label, like those in this case, are expressly preempted under the plain statutory language of FIFRA. The company looks forward to the next steps in this case and the three-judge panel’s review of these important issues.

“Bayer continues to stand fully behind its Roundup™ products, as the weight of scientific evidence and the conclusions of expert regulators worldwide continue to support the safety of glyphosate-based herbicides and that they are not carcinogenic.”